Published: Wednesday, December 5, 2012 at 1:21 p.m.

Last Modified: Wednesday, December 5, 2012 at 1:21 p.m.

BARTOW | Twelve-year-old Jake Castillo pointed to murder defendant Alejandro Baez-Garcia in court Wednesday, telling jurors he's the one who killed his brother, Juan, and left Jake paralyzed from the waist down.

"I see him," the boy said, pointing toward the 20-year-old defendant, when Assistant State Attorney Hope Pattey asked if the assailant was in the courtroom.

Seated in his wheelchair, the boy recalled that he was standing on the porch of his aunt's Lakeland home on Jan. 8, 2011, holding a plate of food. He said he'd come outside to greet one of his brothers, who had come by for a visit.

Another brother, Juan, also was outside in the yard at 1707 W. Parker St.

Jake, who will be 13 this month, said he saw a van go by. He noticed it, he told jurors, because one of the men inside was watching him and his brothers.

"He was staring at my brother, Juan," Jake said. "He (Juan) was in the driveway, near the road."

Jake said the van's sliding door on the passenger side was partially opened, and Baez-Garcia was facing the house. He had something in his hand, the youth said.

Jake told the jury he turned to run into the house, but he didn't make it beyond the front doorway.

"When I stepped in, I fell on the floor," he said.

He said he didn't realize he'd been shot in the lower back.

The gunshot left the boy paralyzed from the waist down. He testified Wednesday that after three months in the hospital, doctors told him he'd never walk again.

Jake said that Juan had run across the yard and was standing at the stairs to the front porch of house as the shooting began.

"He was on the stairs," Jake said. "That's the last time I saw him, on the stairs. My brother ran up and he was trying to protect me."

Juan Castillo, 19, died at the bottom of the stairs of a gunshot wound to his head.

Defense lawyers representing Baez-Garcia didn't have any questions for Jake on Wednesday.

In opening statements Tuesday, prosecutors said Castillo and Baez-Garcia were in rival gangs, which led to the shooting.

Baez-Garcia is charged with first-degree murder and attempted murder, and faces life imprisonment if he's convicted.

In other testimony Wednesday, jurors heard a taped statement in which Baez-Garcia told detectives the day after the shooting that he fired the shots because Castillo and others were throwing rocks at the van.

"They were throwing rocks at us, so ... We ain't gonna let them beat up our ride or anything like that," he told detectives.

"So I just like pulled it out, you know, the little .22, and I just started firing at them."

Baez-Garcia said he wasn't trying to hit anyone.

"I was thinking of defending my people, my friends, from no rocks, no sticks or something like rocks, trying to hit them, you know, through the window," he said. "That's the only thing I was thinking."

Later in his statement, Baez-Garcia said the men in the yard were "charging at us with bricks and bats and sticks and stuff." He said one rock hit the roof.

Another passenger in the van, Pasqual Jimenez, testified Tuesday that he saw men holding rocks, but didn't recall anyone throwing a rock. He saw he saw Baez-Garcia pull a gun from beneath his shirt and fire shots out the van door.

Jimenez said no one else in the van had a gun that day.

The trial is expected to conclude today.

[ Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533- 9070. ]

<p>BARTOW | Twelve-year-old Jake Castillo pointed to murder defendant Alejandro Baez-Garcia in court Wednesday, telling jurors he's the one who killed his brother, Juan, and left Jake paralyzed from the waist down.</p><p>"I see him," the boy said, pointing toward the 20-year-old defendant, when Assistant State Attorney Hope Pattey asked if the assailant was in the courtroom.</p><p>Seated in his wheelchair, the boy recalled that he was standing on the porch of his aunt's Lakeland home on Jan. 8, 2011, holding a plate of food. He said he'd come outside to greet one of his brothers, who had come by for a visit.</p><p>Another brother, Juan, also was outside in the yard at 1707 W. Parker St.</p><p>Jake, who will be 13 this month, said he saw a van go by. He noticed it, he told jurors, because one of the men inside was watching him and his brothers.</p><p>"He was staring at my brother, Juan," Jake said. "He (Juan) was in the driveway, near the road."</p><p>Jake said the van's sliding door on the passenger side was partially opened, and Baez-Garcia was facing the house. He had something in his hand, the youth said.</p><p>"It looked like a gun," Jake testified. "I don't know what color it was.</p><p>"Juan told me to get in the house."</p><p>Jake told the jury he turned to run into the house, but he didn't make it beyond the front doorway.</p><p>"When I stepped in, I fell on the floor," he said.</p><p>He said he didn't realize he'd been shot in the lower back.</p><p>The gunshot left the boy paralyzed from the waist down. He testified Wednesday that after three months in the hospital, doctors told him he'd never walk again.</p><p>Jake said that Juan had run across the yard and was standing at the stairs to the front porch of house as the shooting began.</p><p>"He was on the stairs," Jake said. "That's the last time I saw him, on the stairs. My brother ran up and he was trying to protect me."</p><p>Juan Castillo, 19, died at the bottom of the stairs of a gunshot wound to his head.</p><p>Defense lawyers representing Baez-Garcia didn't have any questions for Jake on Wednesday.</p><p>In opening statements Tuesday, prosecutors said Castillo and Baez-Garcia were in rival gangs, which led to the shooting.</p><p>Baez-Garcia is charged with first-degree murder and attempted murder, and faces life imprisonment if he's convicted.</p><p>In other testimony Wednesday, jurors heard a taped statement in which Baez-Garcia told detectives the day after the shooting that he fired the shots because Castillo and others were throwing rocks at the van.</p><p>"They were throwing rocks at us, so ... We ain't gonna let them beat up our ride or anything like that," he told detectives.</p><p>"So I just like pulled it out, you know, the little .22, and I just started firing at them."</p><p>Baez-Garcia said he wasn't trying to hit anyone.</p><p>"I was thinking of defending my people, my friends, from no rocks, no sticks or something like rocks, trying to hit them, you know, through the window," he said. "That's the only thing I was thinking."</p><p>Later in his statement, Baez-Garcia said the men in the yard were "charging at us with bricks and bats and sticks and stuff." He said one rock hit the roof.</p><p>Another passenger in the van, Pasqual Jimenez, testified Tuesday that he saw men holding rocks, but didn't recall anyone throwing a rock. He saw he saw Baez-Garcia pull a gun from beneath his shirt and fire shots out the van door.</p><p>Jimenez said no one else in the van had a gun that day.</p><p>The trial is expected to conclude today.</p><p> </p><p>[ Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533- 9070. ]</p>